University finally responds to lawsuit

By Laban Pelz
The Collegian

The CSU Fresno Athletic Corporation answered Stacy Johnson-Klein’s lawsuit Tuesday, claiming the former Fresno State women’s basketball coach cannot sue the corporation under terms of her contract.

The Athletic Corporation is one of two organizations and three individuals named in Johnson-Klein’s lawsuit; Fresno State, university president John Welty, assistant athletic director Randy Welniak and former athletic director Scott Johnson are all named as defendants in the lawsuit filed Aug. 23.

In the suit, Johnson-Klein alleges those individuals sexually harassed her, created a hostile work environment and did not support women’s athletics at Fresno State.

Johnson-Klein claims it was her protest of these actions that led to her termination March 2, which she contends was wrongful.

The university said it fired her for insubordination, improper fiscal actions and inappropriately acquiring pain medication from players and coaches.

The Athletic Corporation Tuesday filed a demurrer with Fresno County Superior Court, which contends the court has no jurisdiction over the case and “may act only to review the final administrative determination” made by the school.

The corporation said Johnson-Klein failed to exhaust the administrative remedies under her Personal Service Agreement and “the court is therefore without jurisdiction.”

The demurrer also says “Johnson-Klein was contractually bound not to sue CSUFAC on claims related to her termination by the University.”

Tuesday’s filing applies only to the Athletic Corporation, and the other defendants named in the suit have yet to respond. Athletic Corporation chairman Paul Oliaro and university spokeswoman Shirley Armbruster had no comment. Attorneys from either side could not be reached.

Also in the Athletic Corporation’s filing was a copy of Johnson-Klein’s contract, which included information on the former coach’s salary and benefits:

•Johnson-Klein’s yearly base salary was $150,000. Her salary would have jumped to $160,000 a year beginning in 2006.

•Fresno State supplied Johnson-Klein with a courtesy automobile and paid for its insurance, fuel, servicing and repairs.

•The coach had an expense account of $10,000 per year, to be used “solely for entertainment and development directly related” to the program.

Johnson-Klein was also paid for meeting certain goals outlined in her contract:

•For a team grade point average of at least 2.0 she would receive $5,000. For a team GPA of at least 3.5 she would get a $20,000 bonus.

•For a team graduation rate of at least 45 percent, the coach would get an extra $5,000. She would have earned $25,000 if at least 80 percent of her players graduated.

•For an average paid seasonal attendance of at least 1,500 at the Save Mart Center, Johnson-Klein would be given $5,000. She would receive $20,000 if that figure doubled.

•If her team won at least half its games, the coach would earn an extra $7,500. Twenty-five wins would have given Johnson-Klein a $20,000 bonus.

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